Wiles v. Northern Pacific Railway Co.

Citations

• 66 Wash. 337
• 119 P. 810
• 1911 Wash. LEXIS 1069

Syllabus

<p>Trial — Examination of Witnesses — Exclusion of Witnesses. It is not an abuse of discretion to grant plaintiff’s request for the ex-elusion of defendant’s witnesses, where it was indicated that a like request by defendant would have been granted if it had been made.</p> <p>Appeal — Review—Verdict. Where there is competent and substantial evidence to sustain plaintiff’s case, its weight and sufficiency is for the jury.</p> <p>Carriers — Ejection of Passenger — Damages—Exemplary Damages — Humiliation—Instructions. In an action for wrongful ejection of an intoxicated passenger from a train, instructions allowing ■damages for mental suffering and humiliation, without distinguishing between rightful and wrongful ejection, are not prejudicially ■erroneous, where other instructions properly limited the recovery for a rightful ejection to damages unnecessarily inflicted, and another instruction correctly stated the elements for a rightful and wrongful ejection, and the instructions as a whole defined the duties and rights of the parties.</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial for newly discovered evidence is properly denied, where it was based upon hearsay .as to what two witnesses would testify to, and their affidavits were not produced, and no diligence in securing the ■evidence was shown.</p> <p>Appeal — Review—Misconduct of Judge. Language of the judge calculated to prejudice the jury is not ground for a reversal where the record shows it was not in the presence of the jury.</p> <p>New Trial — Misconduct of Jury — Impeaching Verdict. A quotient verdict will not be set aside as arrived at by lot or chance, where it was not shown that there was an agreement to abide by the result, and there was no attempt to make the impeachment of the verdict complete.</p> <p>Carriers — Ejection—Damages—Excessive Verdict. A verdict for $523.93 for the wrongful ejection of a passenger from a train is •excessive, and should be reduced to $300, where plaint